Interdisciplinary Conference on Human Trafficking at the University of Nebraska
Date of this Version
2011
Document Type
Article
Abstract
The need to create an international court to combat human trafficking is compelling. Domestic jurisdictions vary in their power to prevent human trafficking. This variance allows human traffickers to take advantage of weak states lacking in enforcement and conviction capabilities. These frail domestic jurisdictions often have porous borders. Efforts and proposals to strengthen domestic systems with a special regard for human trafficking (notably in Central and Eastern Europe) have failed.11 Section II will set forth the consensus as to the definition of human trafficking and a general background of the regional developments and laws of human trafficking. For purposes of this paper, a special focus will be on the sex trade and sexual exploitation of trafficked women and children. Current legal and treaty regimes that concentrate on human trafficking and why such regimes should first develop regionally, by including only a number of neighboring states, will be the focus of Sections III and IV. By breaking a global problem down and putting pressure on a few arenas at a time, a regional court could set the stage for a well-organized international court, if necessary. Cross-jurisdictional record sharing is more likely to occur with border sharing nations that have similar regional interests. This will be the focal point of section V: proposing a novel method to reach global prevention. Before an International Court to Combat Human Trafficking12 is developed, two regional courts, an Eastern European Tribunal and a Southeast Asian Tribunal might be established.13 Attempts at global prevention must first concentrate on the source countries. Any new treaty, tribunal, or court should attempt to harmonize current legal anti-trafficking laws, but also further provide for more plenary enforcement, conviction, and sentencing power using an ad hoc international tribunal. If necessary, these tribunals could lead to an International Court to Combat Human Trafficking
Comments
Presentation for 2011 Interdisciplinary Conference on Human Trafficking, September 29 - October 1, 2011, Lincoln, Nebraska. Copyright © 2011 J. Cooper Green.